FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KEITH CLEMENS, individually and
on behalf of all others similarly
No. 06-56410
situated,
D.C. No.
Plaintiff-Appellant, CV-05-08484-JFW
v.
OPINION
DAIMLERCHRYSLER CORPORATION,
Defendant-Appellee.
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Argued and Submitted
April 11, 2008—Pasadena, California
Filed June 19, 2008
Before: William C. Canby, Jr. and Jay S. Bybee,
Circuit Judges, and Roger L. Hunt,* District Judge.
Opinion by Judge Canby
*The Honorable Roger L. Hunt, Chief United States District Judge for
the District of Nevada, sitting by designation.
7095
COUNSEL
John F. Edgar, Kansas City, Missouri, for the plaintiff-
appellant.
Frederick D. Baker, Sedgwick, Detret, Moran & Arnold, LLP,
San Francisco, California, for the defendant-appellee.
7098
CLEMENS v. DAIMLERCHRYSLER CORP.
OPINION
CANBY, Circuit Judge:
Keith Clemens1 brought this class action against Daimler-
Chrysler Corporation alleging that DaimlerChrysler breached
express and implied warranties and committed fraud in the
sale of Dodge Neon cars containing defective head gaskets
from 1995 to 1998. The district court granted DaimlerChrys-
ler’s Rule 12(b)(6) motion to dismiss the warranty claims. It
also granted DaimlerChrysler’s motion for summary judg-
ment on the fraud claims, holding that one claim was barred
by the statute of limitations and the other failed on the merits.
Clemens appealed all of these rulings, and we affirm.
FACTS
Clemens bought a new 1998 Dodge Neon from an indepen-
dent Dodge dealership. After driving the car for approxi-
mately 50,000 miles, Clemens noticed that the engine had
begun to leak oil. The oil leak worsened, and when the odom-
eter reached 60,000 miles, Clemens performed some research
on the internet and learned that head gasket failure (and
resulting oil leaks) were a common problem on this model
automobile.
In September 2002, a Chrysler-authorized service